Overblik

Bradford J. Kelley has a broad practice representing employers in employment anti-discrimination and wage and hour matters. He focuses on advising clients about emerging technologies, including artificial intelligence (AI), and their impact in the workplace.

Brad is an internationally recognized workplace AI authority. He advises clients on how to maximize the benefits of using AI in the workplace while minimizing potential legal and business risks. His deep background in this area provides employers with the tools and insights they need to develop, deploy, and monetize AI and other emerging technologies to bolster business operations and efficiency. In addition, he counsels clients on how to effectively navigate the compliance requirements and litigation risks associated with evolving AI laws and regulations. Brad has published numerous articles about workplace AI, including:

Brad also speaks nationally on these emerging issues. He has given workplace AI lectures at Duke University School of Law, Georgetown University Law Center, University of North Carolina School of Law, and George Washington University School of Law.

Prior to joining Littler, Brad was chief counsel to Commissioner Keith Sonderling at the U.S. Equal Employment Opportunity Commission (EEOC) where he provided the commissioner with legal and policy advice on federal employment anti-discrimination laws. At the EEOC, he worked on cases, policies, and regulations under all the statutes enforced by the Commission, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), the Pregnancy Discrimination Act (PDA), and the Genetic Information Nondiscrimination Act (GINA). He was also a key advisor to the commissioner regarding the EEOC’s Initiative on Artificial Intelligence and Algorithmic Fairness. In this role, Brad was critical in developing, prioritizing, and implementing the Commissioner’s AI agenda. During his time at the EEOC, Brad was awarded the EEOC Chair’s Circle of Excellence Award for extraordinary commitment to the agency, one of the highest honors conferred within the Commission. In addition, he has been selected to serve on Law360’s Employment Discrimination Editorial Board since 2022 and has served as an adjunct law professor teaching employment discrimination.

Before joining the EEOC, Brad was a senior policy advisor with the Wage and Hour Division (WHD) of the U.S. Department of Labor where he provided key policy and legal advice to the administrator regarding the administration, interpretation, and enforcement of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and wage laws affecting government contractors.

A former U.S. Army infantry and intelligence officer and Iraq War veteran, Brad also defends employers against claims under the Uniformed Services Employment and Reemployment Rights Act (USERRA), including complicated military leave issues. A leading authority on USERRA, Brad’s articles on USERRA have been published in the Penn State Law Review, Drexel Law Review, Hofstra Labor & Employment Law Journal, and the Military Times.

Brad began his legal career as a clerk for a federal district judge. He graduated with Order of the Coif and magna cum laude honors from Louisiana State University Law Center, where he earned his law degree and a diploma in comparative law. In college, he earned a triple major and a minor and graduated with Phi Beta Kappa and summa cum laude honors.

Faglige Foreninger

Board Member

Law360 Employment Authority Discrimination Editorial Board

2022-2024

Genkendelse

Recipient, Chair’s Circle of Excellence Award

EEOC

Order of the Coif

Omicron Delta Kappa

Phi Kappa Phi

Recipient, Commendation for extensive pro bono work on behalf of veterans

Veterans Consortium Pro Bono Program

News, Analysis & Press

Politics in a California Workplace

Insight

September 30, 2024

Under half of US firms have AI policies, report finds

International Employment Lawyer

September 24, 2024

Littler’s 2024 AI C-Suite Survey Report

Littler Report

September 24, 2024

Ten Employment Issues This Labor Day

Insight

September 2, 2024

What Awaits Harris on AI and Labor

POLITICO Pro

August 7, 2024

The Global Guide Quarterly (Quarter 2, 2024)

Global Guide Quarterly

July 24, 2024

Attys Looking To States For Movement On AI Bias

Law360 Employment Authority

June 25, 2024

NYC’s AI chatbot caught advising employers to break the law

International Employment Lawyer

April 9, 2024

How AI may make more employees eligible for overtime pay

Employee Benefit News

March 21, 2024

'Everyone Ignores' New York City's Workplace AI Law

Law360 Employment Authority

March 1, 2024

AI and Workplace Monitoring

Asian Robotics Review

January 8, 2024

What To Know About Veterans In The Workforce

Law360 Employment Authority

November 9, 2023

What Employers Should Know About Biden's AI Order

Law360 Employment Authority

November 3, 2023

Labor Agency Unity Makes Talking To One Like Talking To All

Law360 Employment Authority

September 26, 2023

WPI Labor Day Report 2023

WPI Report

September 5, 2023

Filling the Void: Artificial Intelligence and Private Initiatives

24 North Carolina Journal of Law & Technology 153

2023

Wage Against the Machine: Artificial Intelligence and the Fair Labor Standards Act

34 Stanford Law & Policy Review 261

2023

The Promise and the Peril: Artificial Intelligence and Employment Discrimination

71 University of Miami Law Review 1

2022

For Whom the Leave Tolls: Short-Term Paid Military Leave and USERRA

127 Penn State Law Review 57

2022

The Sword and the Shield: The Benefits of Opinion Letters by Employment and Labor Agencies

86 Missouri Law Review 1171

2022

Veterans Employment Discrimination Guidance Updated

Military Times

February 3, 2021

Are Torts Getting Railroaded? Whether the Interstate Commerce Commission Termination Act (ICCTA) Preempts State Tort Claims Against Railroads

82 Journal of Transportation Law, Logistics and Policy 1

2016

Speaking Engagements

2024 Ohio Regional Employer Conference

Cleveland, OH

October 10, 2024

The Length and Limits of Employee Monitoring and Predictive Analytics: Leveraging AI within Legal Boundaries

ACI Conference on AI Law, Ethics, Safety, and Compliance, Washington, D.C.

September 26, 2024

2024 Littler AI Summit

Washington, DC

September 23, 2024

Labor and Workforce Update

2024 Kansas Congressional Fly-In, Washington, D.C.

September 11, 2024

The Intersection of Artificial Intelligence and Labor Law

Client CLE

September 11, 2024

The Promise and Peril of Artificial Intelligence

Client CLE

August 29, 2024

Artificial Intelligence Issues and Developments

Big Sky Labor and Employment Conference, Big Sky, MT

August 6, 2024

Can We Just Not Talk About Politics? How to Maintain a Civil Workplace in Not-So-Civil Times

Client Presentation and Training

June 28, 2024

2024 Mid-Atlantic Regional Employer Conference

Washington, DC

June 21, 2024

Building the Future: AI Unleashed in the Construction Industry

Associated Builders and Contractors

June 13, 2024

Special Sessions: What Does the Biden Administration's "Whole-of-Government" Approach Mena for Employers and Workers?

Littler Executive Employer Conference, Phoenix, AZ

May 9, 2024

Everything Old is New Again: A Wage & Hour Retrospective with an Eye Towards AI and Beyond

Littler Executive Employer Conference, Phoenix, AZ

May 9, 2024

State of Unionization: The Intersection of Unions and Technology

International Franchise Association 2024 Legal Symposium, Washington, DC

May 6, 2024

Wage and Hour Compliance for Small Businesses

National Federation of Independent Business (NFIB)

May 1, 2024

How AI is Being Deployed in the Contingent Workforce Marketplace

Risk Management and Compliance Workshop, Staffing Industry Analysts

April 16, 2024

USERRA

Airlines for America, Washington, DC

March 18, 2024

Technology and Data in Your Workplace

Stanford Deliberative Democracy Lab

March 16, 2024

Taking a SWOT at Artificial Intelligence

Associated Builders and Contractors National Conference, Orlando, FL

March 15, 2024

Labor Regulations and Artificial Intelligence

Piper Lecture in Labor Law (Management-Side Commentator), Chicago-Kent College of Law, Chicago, IL

March 5, 2024

AI Tools

Littler IE&D Summit, Washington, DC

February 28, 2024

Uniformed Services Employment and Reemployment Rights Act (USERRA) Overview

U.S. Senate Committee on Health, Education, Labor and Pensions (Staff), Washington, DC

February 15, 2024

Artificial Intelligence Congressional Testimony

U.S. House Committee on Education and the Workforce

January 17, 2024

What’s AI have to do with People Analytics?

Philadelphia People Analytics

December 13, 2023

Artificial Intelligence in the Workplace

American Petroleum Labor Lawyers Association’s Fall Conference, Houston, TX

November 9, 2023

2023 Philadelphia Regional Employer Conference

Philadelphia, PA

October 27, 2023

The Promise and Peril: Artificial Intelligence in the Workplace

Staffing Industry Analysts’ Risk Management and Compliance Workshop

October 24, 2023

Whole of Government White Paper

U.S. Chamber of Commerce, Washington, DC

October 13, 2023

2023 Florida Regional Employer Conference

Miami, FL

October 12, 2023

Artificial Intelligence in the Workplace

Client CLE

October 5, 2023

Safely Unlocking the Power of AI: Employment and Other Legal Risks and Best Practices

Japan Society New York, NY

October 4, 2023

The Promise and the Peril of AI in the Workplace

Department of Energy Contractor Attorneys Association Fall 2023 Conference, Washington D.C.

September 27, 2023

2023 Littler AI Summit

Washington, DC

September 21, 2023

Emerging Technology and the Administrative State

University of North Carolina School of Law

January 27, 2023

The Promise and Perils of Artificial Intelligence in the Workplace: Navigating the Legal & Ethical Issues

Duke University School of Law

January 25, 2023

Responsible Data and Emerging Technologies Fireside Chat Series

Duke University School of Law

January 25, 2023

The Promise and the Peril of AI in the Workplace

Gray Matters Podcast

December 8, 2022

The Promise and the Peril: Artificial Intelligence and Employment Law

AgSafe Food & Farms Conference

October 11, 2022

A New Frontier for the EEOC: Artificial Intelligence in the Workplace

Fairfax Bar Association (Employment Law Section)

July 27, 2022

Artificial Intelligence in Employment and Hiring: Key Legal Considerations

ALI CLE

June 29, 2022

Uddannelse

  • J.D., Louisiana State University, Paul M. Herbert Law Centermagna cum laude
  • B.A./B.A., Louisiana State Universitysumma cum laude, Phi Beta Kappa

Møderet

District of Columbia
Virginia
Louisiana

Ret

  • U.S. Court of Appeals, District of Columbia
  • U.S. Court of Appeals, 4th Circuit
  • U.S. District Court, District of Columbia
  • U.S. District Court, Eastern District of Virginia